FAQ Small Claims Court

In most cases, you have two years from the date you discovered (or reasonably should have discovered) the issue to start a claim. This is known as the limitation period under the Limitations Act, 2002. If you miss this deadline, your claim may be dismissed, even if it otherwise has merit.

Once the claim is issued and properly served on the defendant, they have 20 days (if served in Ontario) to file a Defence. The matter will then typically proceed to a settlement conference, where a Deputy Judge will attempt to help the parties resolve the dispute. If the case does not settle, it will be scheduled for trial.

If you’ve been served with a Plaintiff’s Claim, it means a legal action has been started against you in Small Claims Court, and you must act quickly. In most cases, you have 20 days from the date of service (if served in Ontario) to file a Defence. Failing to respond within that time can result in judgment being granted against you without your side being heard. Carefully review the claim, note the deadline, gather all relevant documents such as contracts, emails, invoices, or photos, and prepare a clear, organized response addressing the allegations. Early action and proper preparation can significantly affect the outcome of your case.

A settlement conference is a mandatory step before trial. Both parties attend before a Deputy Judge to discuss the issues, explore settlement options, and clarify what evidence will be presented at trial if necessary. Many cases resolve at this stage. It is an important opportunity to negotiate and narrow the issues.

Small Claims Court limits the amount of legal costs that can be awarded. Generally, the successful party may recover a portion of their court filing fees and a capped amount for representation fees, subject to the Rules of the Small Claims Court. The court has discretion, and unreasonable behaviour by a party can affect cost awards.